807.14(e)(i)
Black-and-White Drawings

The amendment of a black-and-white special form
drawing to one claiming a color(s) as a feature of the mark generally does not
constitute a material alteration.

If a mark is initially depicted in a black-and-white
special form drawing in which no color is claimed, the drawing is presumed to
contemplate the use of the mark in any color, without limitation. See,
e.g., In re Data Packaging Corp., 453 F.2d 1300, 1302, 172
USPQ 396, 397 (C.C.P.A. 1972). The amendment of the black-and-white drawing to
one claiming a particular color as a feature of the mark is, therefore, a
restriction or limitation of the applicant’s rights.